Caroline Simons
Partner
Boston
New York Office
Caroline practices at the intersection of cybersecurity, data, government enforcement, and trade secrets litigation. Her interdisciplinary experience enables her to guide her clients through crises, respond to cybersecurity incidents, and manage enterprise risk strategically, effectively, and efficiently.
Caroline helps companies across diverse industries and verticals develop effective responses to cyberattacks and privacy incidents that deftly manage reputational, litigation, and financial risk. She is regularly engaged by clients to develop proactive security response programs, and when needed, design and conduct internal investigations to help determine root cause(s) and formulate strategies for organizations to enhance their cybersecurity program. Her extensive litigation and trial experience—including in the areas of criminal defense, Computer Fraud and Abuse Act (CFAA), trade secret misappropriation, and IP—allows her to see around corners to identify and manage key legal and litigation risks, and proactively prepare her clients’ defense strategies against high-stakes litigation and government and regulatory enforcement investigations and actions.
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Caroline was named an Up & Coming Lawyer by Massachusetts Lawyers Weekly in 2017, and has been named a Rising Star by Super Lawyers in 2016 - 2020. She currently leads the Boston office and serves as co-chair of Orrick's firmwide DEI initiative and is an ambassador in the Move the Needle initiative, a trailblazing collaboration between Orrick, Diversity Lab, leading GCs, and three other law firms to advance diversity and inclusion in the legal profession through ambitious goals and bold experimentation. Caroline also maintains an active pro bono practice, currently representing children and refugees in asylum proceedings in conjunction with the Political Asylum / Immigration Representation (PAIR) Project. She has drafted amicus briefs in cases pending before the U.S. Supreme Court and U.S. Circuit Courts of Appeals in the areas of federal sentencing guidelines, reproductive rights, and political law.
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- Represented financial services company in successive security breaches implicating vendor controls.
- Represented travel and transportation company in network intrusion.
- Represented leading education technology company and conducted incident post-mortem investigation to assess and develop operational resiliency.
- Represented leading higher educational and research institution in successive security breaches.
- Represented leading online grocer in copyright and CFAA litigation against competitor regarding allegations of data-scraping images from consumer-facing website.
- Defended education technology company and former employees against allegations of trade secrets misappropriation. Settled favorably before preliminary injunction hearing after conducting swift forensic investigation.
- Represented leading materials company Teknor Apex in defending against allegations of trade secrets misappropriation following failed joint venture. Settled favorably following the first, key 30(b)(6) deposition of adversary.
- Obtained favorable International Trade Commission determination in modification proceeding on behalf of Mahindra & Mahindra Ltd. and Mahindra Automotive North America in trademark and trade dress litigation; continuing to represent clients in parallel federal district court proceedings.
- Obtained acquittal for client charged with attempted Hobbs Act extortion after a 7-day trial.
- Represented emerging life sciences company in ultra-rare disease space in suit alleging trade secret misappropriation.
- Successfully represented attorneys under federal investigation for conspiracy to defraud the United States; USAO declined to prosecute.
- Represented drone technology company in investigation and dispute with departing engineer with respect to trade secret misappropriation.
- Counseled sports technology company with respect to suspected trade secret misappropriation and copyright violations stemming from failed joint venture.
- Counseled and conducted investigation for search engine companies with respect to suspected trade secret misappropriation and Computer Fraud and Abuse Act violations by former partner.
- Counseled start-up client focusing on battery technology with respect to policies protecting proprietary information and trade secrets.
- Represented a manufacturer of solar panels in an offensive trade secret misappropriation case brought under Mass. Gen. Laws ch. 93A, obtaining judgment awarding treble damages under a lost profits theory and attorney’s fees, permanent injunction, and a 5-year production injunction. Judgment upheld in full by the Massachusetts Appeals Court.
- Conducted an internal investigation on behalf of a state university regarding misuse of public funds by its President, leading to his resignation. Attorney General's Office subsequently filed suit against the individual to recover state funds.
